R0001.pdf

W68MD973066541

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment #0001 for Sw inomish Channel Maintenance Dredging, La Conner, WA is as follow s:

(see continuation page)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 13-Jun-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DW18B0005

X 9B. DATED (SEE ITEM 11)

18-May-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Jun-2018

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW18B0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT R0001

This amendment provides for the following changes:

1. The attached revised sections are to be replaced in their entirety. All portions of the revised sections shall apply whether or not changes have been indicated.

a) 01 00 02 R0001, 01 57 20.00 10 R0001, 35 20 23 R0001 now reference the WA Ecology and the Swinomish Tribal Community Department of Environmental Protection Water Quality Certifications.

b) 01 57 20.00 10-A - Combined WQCs #15822 and #2018-03

c) 01 57 20.00 10-B R0001 - revised Water Quality Monitoring Plan

2. The bid submittal time and date of 18 June 2018 at 1:00 PM PST is extended to 9 July 2018 at 1:00PM

PST.

NOTICE: Bidders must acknowledge receipt of this amendment by number and date on offer.

Attch:

01 00 02 R0001, 01 57 20.00 10 R0001, 35 20 23 R0001, 01 57 20.00 10-A R0001, 01 57 20.00 10-B R0001

(revised/replaced)

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 18-Jun-2018 01:00 PM to 09-Jul-2018 01:00 PM.

FY18 Swinomish Channel Dredging 18003 La Conner, Washington

W912DW-18-B-0005 01 00 02-1 R0001

SECTION 01 00 02

SUPPLEMENTARY REQUIREMENTS FOR DREDGING

PART 1 – GENERAL

1.1 SCHEDULE

a) The Contractor shall submit a Schedule within fourteen (14) calendar days after date of receipt of notice to proceed (NTP).

b) Instruction and Information herein supplement requirements of FAR Clause 52.236-15 SCHEDULE FOR CONSTRUCTION of the CONTRACT CLAUSES and Section 01 45 00.15

10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM).

c) The Schedule shall show the total bid amount distributed among the features of work and show the percentage of completion at close of each weekly period. This percentage shall be based on percentage of physical completion of work.

1.2 DREDGING SAFETY MANAGEMENT PROGRAM

a) The Contractor shall comply with the provisions of the EM 385 1-1, located the following website:

http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx.

The Contractor shall submit an Accident Prevention Plan (APP) within fourteen (14) calendar days of NTP. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an APP, submit within fourteen (14) calendar days of NTP:

1) Make available for review, upon request, the Contractor's current Safety Management System (SMS) documentation.

2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS.

3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and a floating service Naval Architectural Analysis for all vessels utilizing floating cranes/derricks (Crane/Derrick Stability Analysis) per the Consolidated EM 385-1-1 manual.

4) Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

b) Site Safety and Health Officer (SSHO) Requirements for Dredging:

1) Site Safety and Health Officer (SSHO) Staffing for USACE Dredging Contracts. Dredging contracts may include several project sites; this contract requires a minimum of one full time SSHO assigned. For individual dredging project sites with a work force less than eight (8) employees, the SSHO may be a collateral duty, with the same responsibilities of a full time

SSHO.

2) In addition to requirements stated elsewhere in these specifications, the SSHO shall be present at the project site, located so they have full mobility and reasonable access to all major work operations, for at least one shift in each 24-hour period when work is being done.

The SSHO, or Alternate SSHO, shall be available during all shifts for immediate verbal consultation and notification, by either phone or radio, and be able to be on site within 30 http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx

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minutes. The SSHO shall be a full-time, dedicated position, except as noted above. The SSHO shall report to a senior project (or corporate) officials.

3) For projects with multiple shifts or when SSHO is temporarily off-site, a qualified Alternate SSHO will be assigned to insure SSHO coverage for the project at all times work activities is conducted. The Alternate SSHO must meet the same requirements and assume the responsibilities of the project SSHO. The Alternate SSHO position may be a collateral duty.

4) If the SSHO is off-site for a period longer than 24 hours, the Contractor shall provide a qualified replacement SSHO who shall fulfill the same roles and responsibilities as the primary/initial SSHO.

1.3 EXISTING CONDITION AND SURVEY CROSS-SECTIONS

a) Government provided drawings showing condition surveys and cross section sheets are furnished for information only. Drawings shall be provided by the Government electronically, via email or other electronic methods such as the governments file transferred site.

1.4 PROJECT SPECIFIC PHYSICAL DATA:

a) Data and information furnished or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. Please see FAR clause 52.236-4 PHYSICAL DATA for additional information.

1) Right-of-Way: The Government will furnish the right-of-way for the work covered by these specifications, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense.

2) Condition of Area: The condition of the area when last bathymetric surveyed is shown on the drawings. Topography is in feet and represents elevation with reference to mean lower low water (M.L.L.W.) Elevations above M.L.L.W. are denoted by a (+) sign.

3) Temporary Removal of Aids to Navigation: The temporary removal or changes in locations of channel markers may be required to facilitate dredging operations. The Contractor shall notify the Contracting Officer at least 21 days prior to the date that the removal or change in location of channel markers will be required so the U.S. Coast Guard can perform the work and so navigation interests may be informed sufficiently in advance of the proposed removal or change in location.

4) Obstruction of Channel: The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the Rivers and Harbors Act approved 8 August 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an

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extent as may be necessary to afford a practicable passage. Upon the completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the Contract in navigable waters or on shore.

5) Datum and Bench Marks: The vertical plane of reference is NOS mean lower low water (M.L.L.W.) (U.S, Survey feet, epoch 1983-2001). Horizontal control is based on Lambert Grid Projection for Washington North Zone 4601, NAD 83/2010. The Bench Marks for this area are in Attachment 01 00 02-A and are designated as the following:

i. TIDAL 3, NGS PID TR0236. The station is a cgs benchmark disk stamped ---3 1935--- , set in the top of the lower of two natural steps in a large rock outcrop on the south side of Washington Street between First and Second Streets, 41 m (135 ft) east of the intersection of First and Washington Streets, 29 m (94 ft) east of the SE curb of First Street, 1.37 m (4.5 ft) south of a path leading uphill from first Street, and 5 m (15 ft) above the level of First Street.

ii. MCGLIN, OPUS PID BBBH02. The station is a 2-1/2” aluminum disk stamped --- USACE SEATTTLE DIST, MCGLIN, 2008---, and a BERNT’SEN CBN72SM110 orange carsonite post driven into the ground.

iii. MARTHA, OPUS PID BBBH04. The station is a BERNT’SEN A1NBF30 monument stamped ---CORPS OF ENGINEERS-U.S. ARMY SURVEY MARK, MARTHA, 2008, SEATTLE--- and a BERNT’SEN CBM72SM110 orange carsonite post driven into the ground.

iv. DUNLAP, OPUS PID BBBH16. The station is a 2-1/2” aluminum disk stamped --- USACE SEATTLE DIST, DUNLAP, 2008--- and a BERNT’SEN CBM72SM110 orange carsonite post driven into the ground.

v. TROHA, OPUS PID BBBH19. The station is a 3-1/2” brass disk stamped ---SKAGIT

COUNTY PUBLIC WORKS, FOR INFO CONTACT COUNTY ENGINEER,

TROHA 2006, REFERENCE MARK--- driven into the ground.

vi. 944 8682 C, OPUS PID BBBDX66. The station is a brass disk stamped ---8682 c 2015--- set in the concrete weing-wall at the east end of the west bound State Highway 20 Duane Berentson Bridge over the Swinomish Channel, 31.39 m (122.7 ft) WNW of a blue Bridge Maintained By sign, 3.88 m (12.7 ft) WNW of a rectangular metal electric utility cover in walkway, 2.59 m (8.5 ft) WNW of east end of concrete wall and metal railings for walkway on north side of bridge, and 2.37 m (7.8 ft) NNE of center of concrete wall between roadway and walkway.

6) Overhead, Underground, and Underwater Facilities: Clearances of overhead, underground, and underwater facilities are shown when known. Each bidder shall satisfy himself as to accuracy of locations and clearances by consultation with owners of the facilities. See the applicable National Oceanic and Atmospheric Administration (NOAA) Chart for location of known overhead power and telephone cables and bridges.

7) Channel Traffic: Marine Traffic consists of shallow-draft vessels, small boats, fishing boats with nets deployed, commercial, recreational and USCG vessels. Some interference with dredging operations is to be expected.

8) Local Conditions: Utility locations and elevations are approximate, and it shall be Contractor's responsibility to obtain exact locations and elevations from owners.

1.5 NOTICE TO MARINERS (NTM)

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a) Contractor shall request a NTM from the U.S. Coast Guard at least fourteen (14) calendar days prior to the start of any dredging, in writing via email ( D13-PF-LNM@uscg.mil):

Commander, 13th Coast Guard District (dpw) 915 Second Avenue, 35th Floor, Room 3510 Seattle, Washington 98174

b) A copy of the NTM must be submitted to the Contracting Officer Representative (COR) at least fourteen (14) calendar days prior to start of any dredging.

c) The NTM shall be updated and submitted to the USCG every two weeks within each work window, with a copy submitted to the COR.

1.6 PUBLIC CONVENIENCE AND SAFETY

a) Contractor shall take necessary care at all times in operations and use of its equipment to protect the public and to facilitate traffic.

1.7 FLOATING VESSELS

a) All self-propelled floating vessels, and operators thereof, shall be certified and conform to the requirements as specified in EM 385 1-1 (Nov 2014), http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx.

Copies of the Coast Guard certification (if applicable) and crane test certificates (if applicable) shall be submitted with the APP.

1.8 SIGNAL LIGHTS

a) The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed;

vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65-feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International Inland (COMDTINST M16672.2), of 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.9 PERMITS AND RESPONSIBILITIES (1984 APR OCE):

a) The Government has obtained the following permits/licenses related to the construction of this project:

• Washington State Department of Ecology, Water Quality Certification (WQC) Order #15822, dated 04 June 2018; Section 01 57 20.00 10 ENVIRONMENTAL PROTECTION, Attachment A.

• Swinomish Indian Tribal Community Department of Environmental Protection, Water Quality Certification (WQC) Order #2018-03, dated 5 June 2018; Section 01 57 20.00 10 ENVIRONMENTAL PROTECTION, Attachment A.

b) It is the responsibility of the Contractor to obtain all other permits/licenses required for this project as required under the Contract Clauses “PERMITS AND RESPONSIBILITIES.”

1.10 REQUIRED INSURANCE:

a) Workers’ compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If

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occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when Contract operations are so commingled with a Contractor's commercial operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

1) General Liability:

i. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $5,000,000 per person, per occurrence.

ii. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

2) Automobile liability: The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $1,000,000 per person and $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

3) Aircraft public and passenger liability: When aircraft are used in connection with performing the Contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

4) Vessel liability: When Contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

5) When Contract performance includes the transport, treatment, storage, or disposal of hazardous material waste the following coverage is required. The Contractor shall ensure the transporter and disposal facility have liability insurance in effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000.00 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage.

6) Proof of insurance shall be provided to the Contracting Officer.

1.11 MISPLACED MATERIAL

a) Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the COR may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the COR or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the COR, and the cost of such removal may be deducted from any money due or to become due to the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk

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without fault or negligence shall be limited to that provided in Sections 15, 19 and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq.).

b) Payment will not be made for any material that is deposited elsewhere other than in disposal areas shown or as approved by the Contracting Officer or his/her authorized representative, and the Contractor may be required to move any such misplaced material and deposit it in an area acceptable to the Contracting Officer at no additional cost to the Government.

1.12 PROPOSED PROJECT MODIFICATIONS:

a) Price proposals for proposed modifications shall be submitted in accordance with the requirements of the Contract Clause MODIFICATION PROPOSALS - PRICE BREAKDOWNS.

If change order work impacts or delays other unchanged contract work, the costs of such impacts or delays shall be included in the proposals and separately identified. Additional instructions for submitting price proposals can be found in NPSP-415-1-1, INSTRUCTION AND INFORMATION FOR CONTRACTORS. For information applicable to equipment rates used in contract modifications, refer to clause (UAI 31.105-101) "EQUIPMENT OWNERSHIP AND

OPERATING EXPENSE SCHEDULE."

1.13 SURVEY

a) Quantity Surveys

1) The Government shall conduct the bathymetric surveys of the dredge work area for any periods for which progress payments are requested and shall make the computations based on these bathymetric surveys. Bathymetric surveys will be conducted at a frequency no greater than once every two weeks (14 calendar days) but may occur more frequently at the discretion of the Contracting Officer. Failure by the Government to adhere to these bathymetric survey schedules shall not be the basis for a claim by the Contractor or subcontractors for extra compensation for any reason. Additional bathymetric surveys can be requested by the COR if/when unusual circumstances arise or as required by the COR.

2) Hydrographic surveys will be conducted by the Government to meet USACE Performance Standards as defined in the Hydrographic Surveying Manual EM 1110-2-1003. Surveys will be conducted utilizing depth sounding and horizontal positioning equipment. Sounding depths will generally be derived utilizing multi-beam or single-beam acoustic methods.

However, the Government reserves the right to take soundings by any method, including leadline or trigonometric leveling (total station)/differential leveling. The same method will be used for the pre, progress, and post dredging surveys of a given pay area.

3) Cubic yard volumes will be computed by comparing the Government's bathymetric soundings against the channel design template. The Government intends to use Bentley InRoads Software Package versions v8xm or v8i or later or Hypack v2014 or later, to compute pay volumes. Computed pay volumes will be the difference between the computation of the pre-to-post-dredge survey. Volumes may be computed by comparing the Government's bathymetric progress soundings against other progress surveys, or an after-dredge survey, but only at the COR’s discretion.

4) All Contractor owned equipment including all attendant plant, pipes and anchor lines in the survey area must be removed from the acceptance area prior to the initiation of all pre and post-dredge survey. Any failure by the contractor to remove attendant plant, pipes and anchor lines in the survey area may result in the postponement of the government survey.

5) All surveys conducted by the Contractor shall be in accordance with the USACE Hydrographic Surveying Manual EM-1110-2-1003. Accuracy(ies) will be in accordance with stated quality control values in USACE Hydrographic Surveying Manual EM-1110-2-1003.

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6) The Contractor is responsible for requesting Government pre-dredge and post dredge surveys of all work areas. The request shall be submitted in writing to the Government representative(s) identified at the pre-construction conference. The Government Survey periods stated above are contingent on availability of government equipment, weather and sea conditions.

7) In the event it becomes necessary to reschedule a request for survey, the Contractor shall notify the Government at least two business days prior to the first day of the scheduled survey period.

8) All depths obtained from multibeam surveys will be utilized for volume computation purposes. Multibeam surveys will use a 2-foot-by-2-foot matrix using the median depth of all depths recorded in a cell will be generated from the edited multibeam data to perform the TIN volume computations, following the procedures outlined in EM 1110-2-1003. Any corresponding plotted plan view sounding sheets depicting representative depths over a dredging project will be generated using a cell size that is plot-scale dependent, utilizing a randomly selected sounding that is closest to cell center (shot depth) shifted to the center of the cell from the edited multi-beam data, as described in EM 1110-2-1003. All edited/processed bathymetric survey data (xyz) used for volume computations shall be made available to the Contractor upon request.

b) Positioning Equipment

1) Dredging and material placement plant shall be positioned using a differential GPS with an accuracy of +/- 3 feet. The system shall be used to ensure that dredging is performed within the designated pay area(s) and that material will be evenly distributed within the dredged material placement areas, as shown. Any delay or suspension for noncompliance of this requirement will be at no cost to the Government nor shall it be considered grounds for a time extension.

c) Gauge Equipment - Tide Data

1) All vertical control shall be referenced to the Government staff gauge provided by the Government at pre-dredge meeting. The datum used for each project is specified on the layout charts. The Contractor shall check the operation of the automatic tide gage, or temporary tide board at least twice daily by comparing readings to the specified gage board.

The QC reports shall reflect the time and results of these inspections.

d) Dispute of Surveys Performed by the Government

1) In the event that the Contractor disputes the accuracy of any survey performed by the Government, the Contractor shall immediately notify the Contracting Officer or the Contracting Officer’s Authorized Representative, in writing, concerning the nature of the dispute. If the dispute cannot be resolved immediately, the Contractor shall immediately resurvey the shoal using multibeam, or all remaining areas not dredged or unaffected portions of the shoal with a Government representative onboard the Contractor’s survey boat. At the conclusion of the survey, the Contractor shall provide copies of all raw and edited data files for that shoal. The files shall be in Hypack format. The Contractor shall submit the following information (as a minimum) in support of the survey data:

• Edited survey data in xyz format (2x2 and 5x5 matrix); coordinates shall be WA State Plane Coordinates, NAD 1983.

• Method of horizontal and vertical positioning used (RTK or Tide Gauge).

• Date, time, and stage of tide.

• Water surface conditions.

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• Plan drawing in pdf format showing the edited depth soundings.

• Plotted cross sections of the latest Contractor survey compared with the Government survey. The individual cross sections shall be performed at 25 feet increments.

• Plan drawing in pdf format of channel showing areas that were worked by the dredge.

• Speed of sound through the water column in area of survey and method used to determine the speed of sound.

• Draft of survey boat and method used to determine the draft.

• A table listing all current status of all calibrations to include patch performance test area designated by the Contracting Officer and required by EM 1110-2-1003, HYDROGRAPHIC SURVEYING MANUAL, and the date equipment was set up and last checked.

2) The Government will evaluate the data provided by the Contractor and use this information to assist in making a determination of the dispute.

1.14 INSPECTION

a) The presence of the Government inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

1) To furnish, on the request of the COR or any inspector, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

However, the Contractor will not be required to furnish such facilities for the surveys, prescribed in the clause entitled "Final Examination and Acceptance."

2) To furnish, on request of the COR or any inspector, suitable transportation from all points on shore designated by the COR to and from the various pieces of plant and to and from the dumping grounds. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the COR, and the cost thereof will be deducted from any amounts due, or to become due, the Contractor.

b) On request of the COR, allow the Government to temporarily install a construction camera, provided by the Government, on the dredge vessel. In general, the location provided shall provide for a 360 degree viewpoint permitting the observation of the crane deck and dredge barge. The mounting point shall consist of a wooden or metal stanchion, a minimum of 3 inches in diameter, but not greater than 6 inches in diameter. In addition, the Contractor shall provide a source of electrical power consisting of 110v, 20 Amp. The Contractor shall maintain electrical power to the camera whenever the dredge vessel is in operation. Mounting location shall be agreed upon after contract award. Contractor shall be given access to the camera’s web based video feed.

1.15 SHOALING:

a) If, before the Contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, re-dredging at contract price, within the limit of available funds, may be completed if agreeable to both the Contractor and the COR.

1.16 PROTECTION AND RESTORATION OF PROPERTY:

a) The work shall include the preservation of all public and private property, monuments, power and telephone lines, other utilities, etc., along and adjacent to the disposal areas insofar as they may be endangered. All utility lines shall be repaired. When or where any direct or indirect damages or injury are done to public or private property by, on account of, any act, omission, neglect, or

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misconduct in the execution of the work, or in consequence of the non-execution thereof, such property shall be restored to a condition similar and equal to existing before such damage or injury was done. The restoration shall be completed before final acceptance of the project.

1.17 PROTECTION AND RESTORATION OF PROPERTY

a) The work shall include the preservation of all public and private property, monuments, power and telephone lines, other utilities, etc., along and adjacent to the disposal areas insofar as they may be endangered. All utility lines shall be repaired. When or where any direct or indirect damages or injury are done to public or private property by, on account of, any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof, such property shall be restored to a condition similar and equal to existing before such damage or injury was done. The restoration shall be completed before final acceptance of the project.

1.18 FINAL EXAMINATION AND ACCEPTANCE

a) As soon as practicable after the completion of the entire work or any section or subsection thereof (if the work is divided into sections and/or subsections) as in the opinion of the COR will not be subject to damage by further operations under the Contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the COR. Acceptance will be based on the removal of all dredge material above the “Required Dredging Depth.” The Government will verify full removal by visual examination of a bathymetric drawing showing multi-beam survey data, that is plot-scale dependent, utilizing a randomly selected sounding. If there are sections of concern, an additional analysis using cross-sections at 25-foot intervals from a 2x2 or 5x5 matrix surface will be used to confirm whether material was removed to specified depth required in the channel prism, including channel side-slopes. Should any shoals, lumps, or other lack of Contract depth be disclosed by this examination, the Contractor shall be required to remove these areas by dredging at Contract rate for dredging. If the bottom is soft and the shoaled areas are small and form no material obstruction to navigation, the removal of such shoal may be waived at the discretion of the COR.

The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made and will be permitted to accompany the survey party. When the area is found in a satisfactory condition per contract specifications, it will be accepted.

b) Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or part of the work.

1.19 CONTRACTOR PERFORMANCE EVALUATIONS:

a) In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), dredging Contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate Contractor’s performance and prepare a performance report using the Contractor Performance Appraisal Reporting System (CPARS). After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 60 days. Access is granted by a network of government Focal Points. Typically there are many Focal Points assigned to the agency. If you require assistance with identifying your Focal Point, please email the CPARS helpdesk (webptsmh@navy.mil) with the contract/order number you are trying to access and they will provide the Focal Point name and contact information.

PART 2 – PRODUCTS

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NOT USED

PART 3 – EXECUTION

NOT USED

-- END OF SECTION --

W912DW-18-B-0005 01 57 20.00 10-1 R0001

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

a) The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual (30Nov2014)

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions of Waters of the United States

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

a) Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents, which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally, and/or historically.

1.2.2 Environmental Protection

a) Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics, noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

a) Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

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1.2.4 Waters of the United States

a) All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.3 GENERAL REQUIREMENTS

a) Minimize environmental pollution and damage that may occur as the result of dredging operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract.

Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

a) Ensure compliance with this section by subcontractors.

1.5 PAYMENT

a) No separate payment will be made for work covered under this section. Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

a) Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. Submit the following in accordance with Section 01 33

00 SUBMITTAL PROCEDURES

SD-01 Preconstruction Submittals

i) Environmental Protection Plan; G

ii) Contractor Water Quality Monitoring Plan; G

1.7 ENVIRONMENTAL PROTECTION PLAN

a) Contractor must submit an Environmental Protection Plan (EPP) no later than fourteen (14) calendar days after receiving notice to proceed for approval by the Contracting Officer Representative (COR). In addition, the plan must be submitted prior to commencing dredging operation activities and delivery of equipment to the site. The purpose of the EPP is to present a comprehensive overview of known or potential environmental issues that the Contractor must address during dredging operations. Issues of concern must be defined within the EPP as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required dredging operation task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the EPP, meet with the COR for the purpose of discussing the implementation of the initial EPP; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The EPP shall be current and maintained onsite by the Contractor.

1.7.1 Compliance:

a) No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During dredging operations, the Contractor

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will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the EPP.

1.7.2 Contents:

a) The EPP should be organized as described below. It must contain, at a minimum, but not limited to, the following:

1) Name(s) of person(s) within the Contractor's organization who is (are) responsible for ensuring adherence to the EPP.

2) Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

3) Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

4) Description of the Contractor's environmental protection personnel training program.

5) Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse, if applicable. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

6) Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385 1-1, http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx Include in this plan, as a minimum:

(a) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the COR in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

(b) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

(c) Training requirements for Contractor's personnel and methods of accomplishing the training.

(d) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

(e) The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

(f) The methods and procedures to be used for expeditious contaminant cleanup.

(g) An air pollution control plan detailing provisions to assure that debris, materials, trash, etc., do not become air borne and travel off the project site.

(h) A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air or water; and details provisions for compliance with Federal, State, and local

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laws and regulations for storage and handling of these materials. In accordance with EM 385 1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

(i) A biological resources plan that defines procedures for identifying and protecting biological resources known to be in areas to be dredged. Include in the plan methods to assure the protection of known resources, identifying lines of communication between Contractor personnel and the COR.

(j) Attach to the EPP, as Appendices, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 CONTRACTOR WATER QUALITY MONITORING PLAN (CWQMP)

a) The Contractor shall comply with the water quality monitoring requirements assigned as Contractor responsibilities in Attachment 01 57 20.00 10-B: Swinomish Channel WQ Monitoring Revised Plan at the end of this section.

b) Contractor must submit a Contractor Water Quality Monitoring Plan (CWQMP) no later than fourteen (14) calendar days after receiving notice to proceed for approval by the COR. Also, the plan must be submitted and accepted, prior to commencing dredging operation activities and delivery of equipment to the site. The plan shall include the requirements from the Water Quality Certificate including the following items:

1) Name and contact information of person(s) or firm responsible for monitoring, reporting, data quality control.

2) Sample method, equipment, and equipment calibration.

3) Parameter(s) to be monitored and the standard for the parameter(s).

4) Map of sample locations including background, an early warning point, point of compliance, additional monitoring points and where in the water column.

5) Frequency of sampling.

6) Steps to be taken if monitoring results indicate elevated and/or exceedances (readings at or above standard).

7) BMPs.

8) Steps to be taken if monitoring results indicate an exceedance has occurred.

9) If changes to the approved WQMP are proposed at any time during the duration of this contract, the Contractor shall submit a revised CWQMP to the COR for review and approval.

The Contractor shall allow at least a 14 day review time by Ecology. Following approval, the Contractor shall comply with the approved, updated CWQMP.

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

a) Any deviations from the drawings, plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the

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Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.10 NOTIFICATION

a) The COR will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's EPP.

After receipt of such notice, the Contractor will inform the COR of the proposed corrective action and take such action when approved by the COR. The COR may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the COR may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

a) . Comply with the terms and conditions of the attached WQC. Water quality will be monitored, as necessary, by the Corps or its representative during dredging and placement activities. See Section 01 00 02-4, para 1.9 “PERMITS AND RESPONSIBILITIES”.

3.2 LAND RESOURCES

a) The work shall include the preservation of all public and private property, wetlands, monuments, power and telephone lines, other utilities, etc., along and adjacent to the dredging and disposal areas insofar as they may be endangered. Any utility lines damaged shall be repaired. When or where any direct or indirect damages or injury are done to public or private property by, or on account of, any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof, such property shall be restored to a condition similar and equal to that existing before such damage or injury was done.

3.3 WATER RESOURCES

a) Water quality shall be visually monitored for turbidity by the Contractor during dredging and placement activities. Contractor shall record monitoring results daily on the Contractor Daily Quality Control Report according to the Water Quality Monitoring Plan (Attachment 01 57 20.00-B).